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Settlement Offer to Winkels February 3, 2015 Page 12 The attached Global Settlement Agreement was drafted and sent to the Winkels. Upon receipt of the Settlement, Mrs. Winkel initially stated they would not sign the Settlement. Shortly after, the original Settlement was returned to the County Attorney's Office signed by the Winkels, but contained a counter offer. The original Settlement, paragraph 2 stated as follows: 2. The County shall pay to the Sellers the sum of ten thousand dollars ($10,000.00) in full and final settlement of all claims for damages of any kind claimed by the Sellers as a result of the 66th Avenue Improvement Project from now until the end of time. The Winkels proposed a counter offer, stated as follows: (in strikethrough and underline format) 2. The County shall pay to the Sellers the sum of ten thousand dollars ($10,000.00) for the issues caused to the NE fence line, septic field failure and for the trees not being saved. an full and final settlement of all Gia'ms fnr damages of any kiRd Glaimed by the Sellers as a result ef the tka Avenue ImpFevement PFejeGt #Gm new until the end of time. Since the legal effect of their counter offer is a rejection of the Board's January 6, 2015 offer, the Board is free to reject the counter offer, accept the counter offer or continue to negotiate with the Winkels. Staff recommends rejection of the counter offer and withdrawal of the January 6, 2015 settlement offer. Following the January 6 meeting, the Winkels proposed further changes to the location of the landscape buffers the County must install along 66th Avenue and 451h Street in accordance with the original 2010 Agreement. Further discussion resulted in a withdrawal of the further changes and the Winkels have agreed to the installation of the landscape materials as originally planned in the 2010 Agreement. Once a slight problem with irrigation is overcome, the planned "Type B" buffer will be installed along 66th Avenue and 45th Street by the County's contractor. Installation of the buffers and final grading will conclude the County's obligation to the Winkels in the 2010 Agreement and the 2014 Amendment. Funding: It is important to note that the original bid did not contain work to be performed on the Winkel property. Thus, no additional compensation is going to the Winkels, as the County had obligated itself to do the work in the original Agreement Funding for this item is available from the road construction account, Traffic Impact Fees/District II/661h Ave -SR 60 to 49th Street, Acct # 10215241-066510-06040. 277